Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

Tony West was confirmed as associate attorney general in a 98-1 Senate vote today, making permanent his position as third in command at the U.S. Department of Justice. Attorney General Eric Holder Jr. released a statement praising West's work with the department since his return there in 2009. "As a key member of the department's senior management team, he has led with integrity, acting always in the best interests of the American people and in accordance with the finest traditions of public service," Holder said. The Blog of the Legal Times has more.

University of Tennessee student David Kernell — who was arrested five years ago for hacking the personal email of former Alaska Governor and then Republican vice presidential nominee Sarah Palin — was released from the remainder of his supervision. Kernell completed a year in federal prison in November 2011 but remained under the supervision of the U.S Probation Office through November 2014. Knoxnews notes that the U.S. attorney’s office did not resist the release.

State lawmakers and staff from around the county will be gathering in Atlanta next month for the National Conference of State Legislatures 39th annual legislative summit, WDEF News 12 reports. The event is billed as the largest gathering of its kind where lawmakers and staff gather to discuss topics including helping veterans find jobs and regulating drones. Retired U.S. Supreme Court Justice Sandra Day O'Connor will be a guest speaker.

Although “practical skills” is the new buzz in legal education, the Nashville Ledger says that it is nothing new in Tennessee. The state’s six law schools integrate practical skills into the curriculum, offering opportunities for experiential learning in the form of law clinics that serve the community, externships at government and public interest offices, pro bono work requirements and more. “We recognize that it’s critical when we graduate new lawyers, that they have the basic skills they need to practice law," University of Tennessee College of Law professor Valorie Vojdik told the newspaper. "Studying law in a classroom is not the same as actually going to court or sitting with a client to advise them on doing a deal. The clinics are where the law comes to life.”

The House Financial Services Committee today approved the Protecting American Taxpayers and Homeowners Act, which will wind down Fannie May and Freddie Mac over five years and rely on the private sector to provide a secondary market for residential real estate mortgages. The committee approved the legislation on a party-line vote after working on the bill 11 hours yesterday. Democrats offered numerous amendments to the bill, but all were defeated. Republicans contend the legislation will increase competition in the mortgage market and give home buyers more choices on loan products. The Nashville Business Journal has more.

Attorneys for Pilot Flying J and eight plaintiffs that have joined a settlement agreement on Tuesday filed a motion to amend the settlement, WATE reports. The deal changes the timeline of the agreement, allowing payments to be made for unpaid or underpaid rebates since January 2005 instead of 2008.The change answers one of the concerns raised by trucking companies that did not participate in the settlement negotiations, the Memphis Daily News reports. Those companies have criticized the terms and asked the federal courts to let them go forward with their own lawsuits.

A federal appeals court has upheld a court order that blocks importation of sodium thiopental, a sedative used to anesthetize inmates before they receive drugs that cause death. The decision upheld a trial judge’s order in a suit by a group of death row inmates in California, Arizona and Tennessee. The appeals court said a judge doesn’t have power to require the FDA to order states to return the drug, however, because the states weren’t parties to the suit. The ABA Journal has the story.

The Knoxville News Sentinel is continuing its fight to get access to TBI records on disgraced former Knox County judge Richard Baumgartner. The newspaper today filed a petition arguing that Senior Judge Walter Kurtz got it wrong in a recent ruling on the file when Kurtz opined that law enforcement files are exempt from the Tennessee Open Records Act. The newspaper has tried twice to use court action to force the unsealing of the entire TBI file on Baumgartner.

The law license of Bryan Bradley Martin yesterday was transferred to disability inactive status. Martin cannot practice law while on disability inactive status and may return after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law. Download the BPR notice.

The General Assembly's Judiciary and Government Joint Subcommittee on Government Operations today voted to extend the life of the Tennessee Board of Law Examiners (TBLE) for six years. The authority of the TBLE was due to "sunset" or terminate on June 30, 2014. The TBLE and Executive Director Lisa Perlen were commended by the subcommittee members for their commitment to the profession and rigorous examination of future attorneys.

U.S. Attorney General Eric Holder was in Nashville today to speak to the annual convention of the National Association of Police Organizations, The Tennessean reports. Afterward he met privately with six black ministers, reportedly discussing the Trayvon Martin case, voting rights and incarceration rates. Though he did not get into specifics of the Justice Department’s investigation of the incident or discuss the state’s "stand your ground law," Holder said Florida was "full of targets of injustice," giving his agency plenty to do there, according to Rev. Enoch Fuzz, pastor of Corinthian Missionary Baptist Church. Holder also talked about the need to educate citizens about their voting rights and the problem of too many young people going to prison.

A couple who fled Germany to home school their children but have been denied U.S. asylum, say they are preparing to ask the Supreme Court to hear the case. They also told the Chattanooga Times Free Press that they are working with Congress to try to change the law. The Romeikes moved to East Tennessee in 2008 after an escalating fight with German officials. The family initially was granted asylum by a Memphis immigration judge, but that ruling was overturned. In May, the U.S. 6th Circuit Court of Appeals said the family did not meet the criteria for asylum, finding that Germany does not single out religious minorities for persecution. The family’s lawyer, however, disagrees saying Germany uses the mandatory schooling law to limit the growth of religious minorities.

The head of a Knoxville political consulting firm has admitted responsibility for an automated telephone survey asking voters their opinion of state Sen. Stacey Campfield. But Ben Farmer, owner of Cyragon LLC, maintains that he had no intention of harassing voters or attacking Campfield, Knoxnews reports. In an interview with the TBI, Farmer explained that the survey was an internal test and a computer glitch caused 2,000 targeted voters to receive multiple calls. The TBI has been investigating the “robo poll” at the request of District Attorney General Randy Nichols. Campfield said the explanation for the calls was “ridiculous” since Farmer is a supporter of Richard Briggs, a Knox County commissioner and physician who has declared himself an opponent to Campfield in the 2014 Republican primary.

Butler, Snow, O’Mara, Stevens and Cannada, with offices in Memphis and Nashville, announced today its has expanded into the Denver market. The new office will specialize in new markets tax and public finance, adding to the firm’s growing Public Finance and Incentives Group. Thane R. Hodson and A. Ann Hered have joined the firm and will staff the office.

Memphis saw a decrease in foreclosure and delinquency rates from last year according to a new study by CoreLogic. A report by the company shows that the foreclosure rate dropped from 2.59 percent in May 2012 to 1.75 percent this year -- beating the national foreclosure rate of 2.61 percent. The report also found that the delinquency rate decreased from 8.71 percent last year to 7.51 percent this year. The Memphis Business Journal has more on the story.

The Knox County Commission has named Craig Leuthold as the new county trustee, Knoxnews reports. Leuthold has held public positions since 1995, working for the county trustee and property assessor and serving on the county commission for two terms. He replaces John J. Duncan III, who resigned this month after pleading guilty to paying bonuses for work that was not completed. Leuthold emphasized he would work to repair the damage done to the office. “I’m going to work toward changing morale,” he said. “I’m going to be transparent.” The appointment is a temporary one. The office will be up for election in September 2014.

The Tennessee Alliance for Legal Services (TALS) has announced the keynote speakers for its 2013 Equal Justice University. They include Tennessee Supreme Court of Tennessee Chief Justice Gary Wade, Memphis Mayor A C Wharton Jr., Tennessee House of Representatives Speaker Beth Harwell and TBA President Cindy Wyrick. The event, set for Oct. 9-11 in Nashville, is sponsored by TALS and the TBA. Learn more or register for the program on the TALS website.

The Tennessee Administrative Office of the Courts is seeking a qualified person for the position of Supreme Court Rule 13 Compliance Auditor. A successful candidate must be able to interpret Supreme Court rules and orders and possess strong communication skills. Job duties include reviewing and auditing Indigent Defense Fund claims, identifying potential billing irregularities and resolving billing issues with attorneys, judges and other judicial personnel. The position is available immediately. Learn more on the AOC’s website.

Memphis lawyer Claudia Haltom has released a new e-book titled The Single Parent Referee Workbook. The book provides step-by-step guidance to help single parents find solutions to real world problems and set positive goals for their future. Available online at Amazon’s Kindle store, the book draws on Haltom’s many years as a family law practioner and juvenile court judge. She now runs the Memphis nonprofit A Step Ahead, which she founded after leaving the bench.